• Tax consequences of vacant real estate

    From micky@21:1/5 to All on Wed Feb 1 13:40:54 2023
    I've been told that if you have unrented real estate, you're entitled in
    the USA to deduct from gross income not just the property taxes, the
    cost of minimal heating, and maintanance of the vacant propery, but also
    the lost rent, that you could have made if it were rented.

    This is hard to believe. When I''ve been fired or laid off, can I
    deduct from my other income the lost salary I would have gotten if I
    were still working?

    And even if true, wouldn't it still be better to have rented it? If
    corporate income taxes are 50%, like I think they once were, or 20% like
    I was told they are now, deducting $1000 of lost rent would save the
    taxpaper either 500 or 200 dollars, but renting it would bring in $1000. Doesn't every landlord try diligently to rent their vacant properties?

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  • From ira smilovitz@21:1/5 to micky on Wed Feb 1 14:12:45 2023
    On Wednesday, February 1, 2023 at 1:41:09 PM UTC-5, micky wrote:
    I've been told that if you have unrented real estate, you're entitled in
    the USA to deduct from gross income not just the property taxes, the
    cost of minimal heating, and maintanance of the vacant propery, but also
    the lost rent, that you could have made if it were rented.

    This is hard to believe. When I''ve been fired or laid off, can I
    deduct from my other income the lost salary I would have gotten if I
    were still working?

    And even if true, wouldn't it still be better to have rented it? If
    corporate income taxes are 50%, like I think they once were, or 20% like
    I was told they are now, deducting $1000 of lost rent would save the
    taxpaper either 500 or 200 dollars, but renting it would bring in $1000. Doesn't every landlord try diligently to rent their vacant properties?

    --

    You've been told wrong. If you are a cash basis taxpayer, and most individuals are, you can only deduct expenses you have actually paid. You cannot deduct lost income. On the other hand, if you are an accrual basis taxpayer, you would have reported the
    income when your right to it was fixed and determinable. In that case, a failure to collect the cash would represent a deductible loss (returning you to the same position as the cash basis taxpayer who didn't collect the rent).

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From micky@21:1/5 to ira.smilovitz@gmail.com on Wed Feb 1 22:25:20 2023
    In misc.taxes.moderated, on Wed, 1 Feb 2023 14:12:45 EST, ira smilovitz <ira.smilovitz@gmail.com> wrote:

    On Wednesday, February 1, 2023 at 1:41:09 PM UTC-5, micky wrote:
    I've been told that if you have unrented real estate, you're entitled in
    the USA to deduct from gross income not just the property taxes, the
    cost of minimal heating, and maintanance of the vacant propery, but also
    the lost rent, that you could have made if it were rented.

    This is hard to believe. When I''ve been fired or laid off, can I
    deduct from my other income the lost salary I would have gotten if I
    were still working?

    And even if true, wouldn't it still be better to have rented it? If
    corporate income taxes are 50%, like I think they once were, or 20% like
    I was told they are now, deducting $1000 of lost rent would save the
    taxpaper either 500 or 200 dollars, but renting it would bring in $1000.
    Doesn't every landlord try diligently to rent their vacant properties?

    --

    You've been told wrong. If you are a cash basis taxpayer, and most individuals are, you can only deduct expenses you have actually paid. You cannot deduct lost income. On the other hand, if you are an accrual basis taxpayer, you would have reported the
    income when your right to it was fixed and determinable. In that case, a failure to collect the cash would represent a deductible loss (returning you to the same position as the cash basis taxpayer who didn't collect the rent).

    I see. In the case I have in mind, the lease had expired, so there was
    no expectation of rent.

    Any difference for corporate owner/income tax?

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From John Levine@21:1/5 to NONONOmisc07@fmguy.com on Wed Feb 1 23:00:37 2023
    It appears that micky <NONONOmisc07@fmguy.com> said:
    You've been told wrong. If you are a cash basis taxpayer, and most individuals are, you can only deduct expenses you have actually paid.
    You cannot deduct lost income. On the other hand, if you are an accrual basis taxpayer, you would have reported the income when your right
    to it was fixed and determinable. In that case, a failure to collect the cash would represent a deductible loss (returning you to the same
    position as the cash basis taxpayer who didn't collect the rent).

    I see. In the case I have in mind, the lease had expired, so there was
    no expectation of rent.

    Any difference for corporate owner/income tax?

    Well, most corporations do accrual rather than cash accounting, but it
    doesn't make any other difference.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Stuart O. Bronstein@21:1/5 to micky on Thu Feb 2 11:28:32 2023
    micky <NONONOmisc07@fmguy.com> wrote:
    "John Levine" <johnl@taugh.com> wrote:
    micky <NONONOmisc07@fmguy.com> said:

    You've been told wrong. If you are a cash basis taxpayer, and
    most individuals are, you can only deduct expenses you have
    actually paid.
    You cannot deduct lost income. On the other hand, if you are an
    accrual basis taxpayer, you would have reported the income when
    your right to it was fixed and determinable. In that case, a
    failure to collect the cash would represent a deductible loss
    (returning you to the same position as the cash basis taxpayer
    who didn't collect the rent).

    I see. In the case I have in mind, the lease had expired, so
    there was no expectation of rent.

    Any difference for corporate owner/income tax?

    Well, most corporations do accrual rather than cash accounting,
    but it doesn't make any other difference.

    Thanks Ira, John. Now the question is whether to tell the friend
    who told me otherwise. He might not like being wrong. He's a
    retired lawyer, but not tax law and he never owned a business, or
    property other than the co-op and later the house he lives in.
    But he said this deduction was something people had complained
    about for years, as if he knew what I was asking about.

    I wouldn't bother, unless he specifically asks. He's unlikely to
    believe you anyway.

    --
    Stu
    http://DownToEarthLawyer.com


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    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From micky@21:1/5 to johnl@taugh.com on Thu Feb 2 11:18:57 2023
    In misc.taxes.moderated, on Wed, 1 Feb 2023 23:00:37 EST, "John Levine" <johnl@taugh.com> wrote:

    It appears that micky <NONONOmisc07@fmguy.com> said:
    You've been told wrong. If you are a cash basis taxpayer, and most individuals are, you can only deduct expenses you have actually paid.
    You cannot deduct lost income. On the other hand, if you are an accrual basis taxpayer, you would have reported the income when your right
    to it was fixed and determinable. In that case, a failure to collect the cash would represent a deductible loss (returning you to the same
    position as the cash basis taxpayer who didn't collect the rent).

    I see. In the case I have in mind, the lease had expired, so there was
    no expectation of rent.

    Any difference for corporate owner/income tax?

    Well, most corporations do accrual rather than cash accounting, but it >doesn't make any other difference.

    Thanks Ira, John. Now the question is whether to tell the friend who
    told me otherwise. He might not like being wrong. He's a retired
    lawyer, but not tax law and he never owned a business, or property other
    than the co-op and later the house he lives in. But he said this
    deduction was something people had complained about for years, as if he
    knew what I was asking about.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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